HIGHWAYS

Highway transport enjoys widespread use in Spain.‬ ‪Its flexibility and cargo capacity make it particularly suitable for perishable goods, small tonnage distribution and final stage distribution, especially as part of a multimodal chain.‬ ‪With regard to passenger transport, the car is the mast popular means of population mobility, while the bus is the second option.‬ ‪Both together represent 90% of passenger transport in Spain, which gives an idea of the importance of the sector and the investment opportunities it offers.‬

‪The highway transport sector is subject to profuse, constantly changing regulations.‬ ‪Growing liberalization is also the marked line in this field, promoting competition in the market for the ultimate benefit of the consumer.‬ ‪Community regulations, in turn, set numerous standards, the fundamental objectives of which are safety and user satisfaction. The regulations of the European Parliament and the Council allow public institutions involved in the field of public passenger transport to guarantee the provision of services of general interest.‬ ‪Spanish legislation has incorporated these provisions, which raise complex legal issues.‬ ‪Thus, legal advice must be tailored to each particular set of circumstances, without overlooking its categorization in the broader phenomenon of surface transportation, given the growth of multimodal chains.

‪Regarding infrastructure, new works have less prominence than was the case historically, given the current environment of crisis and public spending cuts.‬ ‪On the one hand, the situation implies certain limitations on short-term investments, increasing competition in the sector.‬ ‪On the other hand, the projection of infrastructure privatization places companies able to take advantage of new business opportunities in a favourable position.‬

‪The viability of completed infrastructures is at this time a central issue.‬ ‪Privatization operations and the refinancing necessary to ensure the sustainability of many projects as well as the need for improvement and restoration of part of the road network (e.g. first generation highways) contrast with the situation of the stressed public accounts and pose complex legal issues.‬

‪In all cases, the security provided by a solid and comprehensive legal study of the business represents a fundamental asset. Gómez-Acebo & Pombo offers a full range of services tailored to the client's needs:‬

  • ‪Advice on bidding processes, concession contracts for transport services and execution contracts, maintenance and operation of all types of road infrastructures.‬
  • ‪Negotiation and execution of leasing, renting, acquisition, sale and lease-back agreements in respect of transport materials and vehicles between operators.
  • ‪Negotiation and execution of infrastructure contracts, bidding contests and administrative authorizations and licenses in Spain and abroad.‬
  • ‪Advice on industrial law, competition law, environmental law and national and international public law, including administrative sanctioning, judicial and arbitration proceedings for the entire sector, both in transport operations as well as infrastructures.‬
  • ‪Advice on corporate law for acquisitions, mergers, spin-offs, purchase and sale transactions and portfolio transactions for transport companies.‬
  • ‪The full range of financing transactions, with funding from both private entities as well as from national, Community and international funds.‬